[2013] KEELRC 548 (KLR)
The court held that the respondent failed to demonstrate any special or recondite legal grounds to justify a stay of execution of the monetary award. The respondent did not show that payment of the compensation would defeat the subject matter of the appeal or render the appeal nugatory, nor that the Court of Appeal...
Source-derived case information.
- Citation
- [2013] KEELRC 548 (KLR)
- Parties
- Claimant: Zachariah Sambay; Respondent: Narok University College
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 705 of 2011
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application for stay of execution rejected
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Compensation Awards, Stay of Execution, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zachariah Sambay
Claimant
Narok University College
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the respondent has demonstrated sufficient grounds for stay of execution of a monetary award pending appeal.
- 2 Whether payment of the compensation would defeat the right of appeal or render the appeal nugatory.
Ratio Decidendi
The court held that the respondent failed to demonstrate any special or recondite legal grounds to justify a stay of execution of the monetary award. The respondent did not show that payment of the compensation would defeat the subject matter of the appeal or render the appeal nugatory, nor that the Court of Appeal would be unable to restore the parties to the status quo if the appeal succeeded. The court emphasized that the right of employees to timely compensation for unfair termination outweighs the respondent's request for stay, and thus rejected the application for stay of execution.
Court Disposition
application for stay of execution rejected
Orders
- The application for stay of execution dated 3rd May 2013 is rejected.
- Interim stay is vacated and the claimant is at liberty to execute the award.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT NAIROBI
Cause Number 705 Of 2011
BETWEEN
Zachariah Sambay…….…………. ………………………………………………………………………………. CLAIMANT
VERSUS
Narok University College…………………………………………….........……………………………………RESPONDENT
Rika J
CC. Leah Muthaka
______________________________________________________________________________
Mr. Keya instructed byWambua Kigamwa and Company Advocates for the Claimant
Mr. Lutta instructed by Lutta & Company Advocates for the Respondent
RULING
Award in favour of the Claimant, was delivered in Court on 3rd May 2013. The Respondent was ordered to pay to the Claimant Kshs.577,752, in compensation, within 30 days of 3rd May 2013.
At the close of the 30 days, the Respondent filed an Application for Stay of Execution pending Appeal at the Court of Appeal. The Application is dated 3rd June 2013. The Notice of Appeal was filed on 16th May 2013.
The Application is supported by the Affidavit of Alfred Nyabochwa, Legal Officer, sworn on 3rd June 2013.
The Application is opposed.The Respondent filed Grounds of Opposition dated 11th June 2013. The Application was heard on 21st June 2013.
The Court Finds and Orders:-
1. The Award made in favour of the Claimant is for compensation, in the sum of Kshs.577,752, arising from a termination of employment which the Court declared to be unfair.
2. The principle that outweighs all other principles in considering an Application to Stay for Execution of a monetary Award of this nature, is that the Court must not deny or delay the Employees the enjoyment of their compensation.
3. The Applicant must show that there exists special circumstances to merit such delay or denial of execution. In this case, the Respondent has not demonstrated recondite legal grounds for appeal. It has not been shown that by paying Zacharia Sambay Kshs.577,752, the subject matter and the right of appeal will be defeated, and the Judgment of the Court of Appeal would be incapable of restoring Parties to the Status Quo.
IT IS HEREBY ORDERED:-
(a) The Application for stay of Execution dated 3rd May 2013 is rejected.
(b) Interim Stay is vacated and the Claimant placed at liberty to execute the Award.
(c) No order on the costs.
Dated and delivered at Nairobi this 12th day of July 2013
James Rika
Judge